No Quit Claim Deed Signed

I got divorced 4 years ago in Wake County. I had a house prior to the marriage but became an issue during the divorce. In the end, a “Consent Judgment and Order For Equitable Distribution” was signed by the judge and it was stated that "the following property shall be vested solely in the Defendant " and thereafter states the property address.

I was speaking to someone the other day that said my ex should have signed a Quit Claim Deed for their marital interest. That never happened. Will I have a title issue ? I wouldn’t even know where to find my ex and even if I did they wouldn’t cooperate.

Should I be worried ? What can I do? Do I record this Order in the public records?

A deed would need to be signed only if the house was titled in joint names and now, pursuant to the equitable distribution court order, the house should only be titled in one of the spouse’s names. If the house always remained titled in just your name, and you have an equitable distribution court order distributing the house to you, then there is nothing you need to do - you own the house outright (subject to any mortgages/deeds of trust on the property).

You do not file the court order with the register of deeds.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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